Episodes

  • 223. A Worthy Rival

    223. A Worthy Rival
    Jul 31 2024

    On today’s episode, Jake discusses the importance of finding a Worthy Rival in the courtroom and in business. This concept is based on a chapter from Simon Sinek’s The Infinite Game, the July book of the month for the Freedom Fighters Book Club. If you want to take your trial skills and business acumen to the next level, go find and learn from a worthy rival.
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    26 mins
  • 222. Smith v. Arizona

    222. Smith v. Arizona
    Jul 24 2024

    On today’s episode Jake reviews the landmark U.S. Supreme Court case of Smith v. Arizona. This 9-0 decision provides clarity on the Sixth Amendment’s Confrontation Clause violations that occur when the state tries to substitute a lab analyst at trial who did not herself test the substances or blood at the lab. Don’t miss the big implications this opinion has on your blood draw DWI case!

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    23 mins
  • 221. 2024 DWI Update

    221. 2024 DWI Update
    Jul 17 2024
    On today’s episode of the podcast Jake looks back at the most influential North Carolina DWI cases of the past year. Abstracts of the cases are found below. CHECKPOINTS State v. Alvarez, 894 S.E.2d 737, No. 278PA21 (N.C. 2023) Facts: Rowan County Sheriff’s Office set up a checkpoint. The checkpoint was purportedly in response to a high-speed fatality accident that had occurred at that location two days earlier. No officers on scene were checking speeding. Defendant’s passenger side wheels came off the road and onto the grass prior to stopping at the checkpoint. One of the officers on scene testified that this behavior led him to believe the Defendant might be driving while impaired. Procedural History: Both the trial court (superior court) and the Court of Appeals (State v. Alvarez, 860 S.E.2d 45, 2021-NCCOA-375 (2021) (unpublished) found the checkpoint did not have a proper primary programmatic purpose. The Court of Appeals appears to call into question a checkpoint set up for “all chapter 20 violations” as possible general crime control. Holding: The Supreme Court reversed the Court of Appeals finding that there was reasonable suspicion to stop the vehicle due to the lane violation but did not address the findings of the Court of Appeals regarding the Constitutionality of the checkpoint. Use the Court of Appeals opinion to attack a checkpoint based on the lack of a proper primary programmatic purpose. REASONABLE SUSPICION Sate v. Peak, 892 S.E.2d 925, No. COA23-312 (N.C. App. 2023) (unpublished) Facts: Stopping officer was highly specialized in DWI investigations. Defendant delayed for 10-seconds at a traffic light after it turned green. There were two open bars within a quarter mile radius of the stop location. Defendant crossed over the yellow lines with both left tires into the opposite lane of travel. Defendant was travelling at one to two miles per hour. Holding: Reasonable suspicion existed to stop Defendant. PROBABLE CAUSE State v. Woolard, 894 S.E.2d 717, No. 208PA22 (N.C. 2023) Facts: Officer saw Defendant cross centerline six or seven times. Officer active blue lights and Defendant quickly stopped his vehicle. Upon initial approach, Defendant “seemed normal” to the officer. After asking about the driving, Defendant told the officer that there were bees in his truck that he was trying to get out. As they spoke, the officer noticed an odor of alcohol, flushed cheeks, and red and glassy eyes. Defendant seemed coherent to the officer. Defendant admitted to having “a couple beers earlier.” Officer administered two PBTs, but these were excluded from consideration because they were not performed correctly. Officer also administered the HGN test, during which he saw six of six clues. Officer placed Defendant under arrest for DWI. Procedural History: Defendant was granted a preliminary indication that no PC existed in District Court. The State appealed to Superior Court where the Defendant again prevailed and the case was sent back to District Court for a final order granting suppression. After the District Court entered its final order the State filed a petition for writ of certiorari to the Court of Appeals which was denied. The State then filed a petition for writ of certiorari to the North Carolina Supreme Court which was granted. There was no transcript of District Court proceedings or record on appeal for the Supreme Court to review. Holding: The Supreme Court found it had discretionary authority to rule on the merits of the case and found probable cause. EXPERT TESTIMONY State v. Williams, 891 S.E.2d 499, No. COA22-1015 (N.C. App. 2023) (unpublished). Holding: It was not error for the trial court to allow a DRE to offer testimony about a DWI investigation that the DRE was not involved in, when the DRE stated that she could not testify (i.e. give an opinion) as to whether the Defendant was impaired. Practice Tip: This case is from Buncombe County, where the State routinely calls a DRE that has not done a real time DRE evaluation in a particular case to give after-the-fact analysis and opinion at trial. Here’s the beef: There is no opinion being offered by investigating officers [State v. Lewis, 2022-NCCOA-887 (2022)] or by the DRE that the Defendant is impaired. Point out that no officer involved in the investigation or brought in as an expert to bolster the State’s case can give an opinion of drug impairment. BREATH TEST State v. Forney, No. COA23-338 (N.C. App. 2024) Facts: During chemical breath testing, the officer noticed Defendant had gum in his mouth, and had Defendant spit out the gum between the first and second breath tests, both of which resulted in a .11 BAC. The chemical analyst did not restart the observation period or seek an additional breath test. Both the State and the Defendant had experts testify at trial on whether breath testing might be impacted by foreign objects in the mouth. ...
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    44 mins
  • 220. Warrior on the Battlefield with Lex-Jordan Ibegbu

    220. Warrior on the Battlefield with Lex-Jordan Ibegbu
    Jul 10 2024

    On today’s episode, Jake resumes the Warriors on the Battlefield Series with the highly entertaining Lex-Jordan Ibegbu. Jordan has built a truly amazing criminal defense practice through a combination of hard work, networking, and showcasing his individuality (i.e. brand). Don’t miss Jordan’s engaging tips for launching your law firm to new heights!

    Highlights:

    · Discover how to make your brand to be unique and memorable.

    · Listen to Jordan explain how he attacks appreciable impairment at trial.

    · Learn how to build your client base through networking.

    · Uncover why Jordan believes that he has to consistently deliver better than expected results for his clients.

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    1 hr and 15 mins
  • 219. What Does it Mean to be a Freedom Fighter?

    219. What Does it Mean to be a Freedom Fighter?
    Jul 3 2024

    On today’s episode, Jake shares a reflection on the greeting he beings every episode with. If you are a criminal defense lawyer in need of a pep talk about the importance of your work and want to discover what it means to be a true Freedom Fighter, this episode is for you.
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    22 mins
  • 218. 5 Reasons Why Most Networking Events Don't Work

    218. 5 Reasons Why Most Networking Events Don't Work
    Jun 26 2024

    On today’s episode, Jake reflects on why most networking opportunities are a waste of time and how to separate the wheat from the chaff when it comes to identifying a worthwhile event to attend.

    Highlights:

    · See the mistake that event organizers make when they fail to attract a niche audience.

    · Discover the limitation of passing out your business card at a networking event.

    · Find out why big conferences make it hard to initiate a long-term referral relationship.

    · Uncover the reason that you have difficulty speaking with another firm’s decision maker at a legal conference.

    · Learn the importance of a give versus ask mentality when mingling with other professionals.
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    53 mins
  • 217. Man or Machine? My Law Partner Gint Krulikas

    217. Man or Machine? My Law Partner Gint Krulikas
    Jun 19 2024

    On today’s episode I have the great blessing to sit down and talk shop with my law partner Gint Krulikas. Gint is an absolute beast when it comes to getting things done. His methodical approach to managing cases and client follow up has been the model for the client experience we strive to deliver. If you want to grow your law firm then listen in and take notes!

    Highlights:

    · Learn how Gint built two of our most successful offices from nothing.

    · Discover how Gint organizes his high-octane schedule to maximize knocking out tasks.

    · Uncover some of the biggest culture improvements at the firm that Gint has observed and been part of since he began working as an intern over a decade ago.

    · Listen as Gint describes his day-to-day life in the early days of practicing as a lawyer as he was tasked with opening a practice in a completely new market.
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    1 hr and 10 mins
  • 216. Lessons Learned as a Drug Recognition Expert with Marco Aureliano

    216. Lessons Learned as a Drug Recognition Expert with Marco Aureliano
    Jun 12 2024

    On today’s episode Jake sits down with former drug recognition expert Marco Aureliano, who sheds light on some of the key mistakes that field officers and DREs make during a drug impaired driving investigation. Marco has recently founded KGM Logistics, offering expert witness testimony and training in DUI cases. If you want to take your drug impaired driving defense to the next level, don’t miss this conversation!

    Highlights:

    · Discover some of the attack points when the State utilizes a DRE at trial that did not do an evaluation of the Defendant at the time of arrest.

    · Uncover the information contained in DRE log reports and why this information can be helpful in defending a DWI.

    · Learn some of the best practices that Marco suggests for officers and DREs investigating a potential drug impaired driver.
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    1 hr